Prisons and pre-trial detention centres persons who are not dangerous are placed in cells for such prisoners and in cells intended for isolation. In one of the visited units,31 the NPM representatives revealed a practice that consisted in placing inmates in cells where the surface area per one person was smaller than 3 m2 without issuing a relevant decision on such placement. The analysis of the problem of overpopulation of penitentiary units on the basis of materials gathered during preventive visits of the NPM representatives in 2012 shows that the practice consisting in using rooms other than residential cells for housing prisoners continues. Seeing an opportunity to eliminate hiding overcrowding in amending the provisions that allow the use of additional rooms to house prisoners in pre-trial detention centres and prisons, on 29 March 2012 the Human Rights Defender again petitioned the General Director of Prison Service32 and cast doubt on the wording of the provisions of Order No 7/2012 of the General Director of the Prison Service of 30 January 2012 on determining the capacity of penitentiary units. In his reply of 23 April 2012, the Director did not share the Defender’s opinion and stated that the solution suggested in the Defender’s petition would result in increasing the population of residential wards that would be at variance with the facts, and it would result in not stating the actual places of stay of inmates who are temporarily placed in residential cells outside the residential ward. Most probably, the position of the Prison Service results from fear of tackling the problem of overcrowding, which would become visible at the national level from one day to the next.33 Pursuant to the regulations that would apply then, decisions should be issued on placing inmates in cells where the surface area per one person is smaller than 3 m2. Pre-Trial Detention Centre in Chełmno. RPO-665674-VII/11, http://www.sprawy-generalne.brpo.gov.pl/szczegoly.php?pismo=1635173 33 Cf. Paragraph 2 of the Ordinance of the Minister of Justice of 25 November 2009 setting out the procedures for competent authorities to follow where prison or pre-trial detention centre population exceeds, countrywide, their overall capacity (Dz. U. [Journal of Laws] No 2002, item 1564), which sets out the methodology of calculating the inmate population: 1.  If the number of inmates at prisons or pre-trial detention centres and their external wards, hereinafter referred to as “establishments,” exceeds their total capacity nationwide, the General Director of Prison Service, within seven days from exceeding the capacity, shall present a relevant information, hereinafter referred to as “information,” to the Minister of Justice, regional directors of the Prison Service and establishment directors. 2. To achieve the objective referred to in Paragraph 1, the general capacity of the establishments shall not include: 1) Accommodation places in residential cells located in hospital wards, wards and cells listed in Article 88a(1) and Article 212a(2) of the Act of 6 June 1997 – Executive Penal Code, hereinafter referred to as “Executive Penal Code,” the isolation cells referred to in Article 143(1)(8) of the Executive Penal Code, patient rooms and rooms located in homes for mothers with children and wards for temporary housing of inmates; 2)  Inmates accommodated in the places listed in paragraph 1. 31 32 25